Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2276 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2305 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 2276
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul R. Feeney
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act promoting a just transition and clean energy workforce standards.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and NorfolkMichael D. BradySecond Plymouth and Norfolk2/4/2025Patricia D. JehlenSecond Middlesex2/19/2025John F. KeenanNorfolk and Plymouth2/24/2025Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	3/2/2025James B. EldridgeMiddlesex and Worcester3/2/2025Jason M. LewisFifth Middlesex3/4/2025 1 of 28
18	18	SENATE DOCKET, NO. 2305 FILED ON: 1/17/2025
19	19	SENATE . . . . . . . . . . . . . . No. 2276
20	20	By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2276) of Paul R. Feeney, Michael
21	21	D. Brady, Patricia D. Jehlen, John F. Keenan and other members of the Senate for legislation to
22	22	require each company engaged in the sale or distribution of gas as part of performance-based
23	23	ratemaking to submit a clean energy transition plan. Telecommunications, Utilities and Energy.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act promoting a just transition and clean energy workforce standards.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 1E of Chapter 164 of the General Laws is hereby amended by
33	33	2striking out section 1E (a) and (b) and inserting in place thereof the following subsections:-
34	34	3 (a) The department is hereby authorized to promulgate rules and regulations to establish
35	35	4and require performance-based rates for each distribution, transmission, and gas company
36	36	5organized and doing business in the commonwealth pursuant to the provisions of this chapter. In
37	37	6promulgating such performance-based rate schemes, the department shall establish service
38	38	7quality standards for each distribution, transmission, and gas company, including, but not limited
39	39	8to, standards for customer satisfaction service outages, distribution facility upgrades, repairs and
40	40	9maintenance, telephone service, billing service, and public safety, occupational safety, training
41	41	10and certifications for both in-house and contractor employees, map and record accuracy, and in-
42	42	11house staffing benchmarks sufficient to ensure pipeline safety and reliability through the period
43	43	12of transition ot net zero emissions. 2 of 28
44	44	13 Within 60 days of the effective date of this legislation, the department shall open a docket
45	45	14for the purpose of developing additional just transition workforce service quality indicators,
46	46	15which may include, but are not limited to, the training and the utilization of the gas companies’
47	47	16residual workforce as it adopts and invests in non-pipeline alternatives to natural gas (NPAs), as
48	48	17defined by DPU 20-80B or other renewable energy sources, such as hydrogen and renewable
49	49	18natural gas.
50	50	19 (b) In complying with the services quality standards and employee benchmarks
51	51	20established pursuant to this section, a distribution, transmission, or gas company that makes a
52	52	21performance-based rating filing after the effective date of this act shall not be allowed to engage
53	53	22in labor displacement or reductions below staffing levels in existence on January 1, 2025, unless
54	54	23such are fully compliant with any law supporting a just transition to new zero emissions and part
55	55	24of a collective bargaining agreement or agreements between such company and the applicable
56	56	25labor organization or labor organizations representing such workers, or with the approval of the
57	57	26department following an evidentiary hearing at which the burden shall be upon the company to
58	58	27demonstrate that such staffing reductions shall not adversely disrupt service quality standards or
59	59	28public safety and shall maintain reliable service through the transition to net zero emissions as
60	60	29established by the department herein. Nothing in this paragraph shall prevent reduction of forces
61	61	30below the January 1, 2025 level through early retirement and severances negotiated with labor
62	62	31organizations before said date.
63	63	32 SECTION 2. Section 1E of Chapter 164 of the General Laws in hereby amended by
64	64	33adding the following subsections after subsection (c):- 3 of 28
65	65	34 (d) The department shall require each company engaged in the sale or distribution of gas
66	66	35as part of performance-based ratemaking and biennially, as required by this act, to submit a just
67	67	36transition plan, which must be approved by the department, to address workforce development,
68	68	37maintenance, and attrition, and provide the following:
69	69	38 (i) A detailed proposed chronology for projected energy supply and distribution in the
70	70	39transition to net zero emissions to be set through performance-based ratemaking;
71	71	40 (ii) A detailed plan for the hire, retention, and training of a sufficient operations and
72	72	41maintenance workforce through 2050, or until the complete retirement of its gas pipeline is
73	73	42achieved, whichever is later, and which addresses the gas company’s operational plans to meet
74	74	43the commonwealth’s net zero emissions goals while concurrently fulfilling this chapter’s
75	75	44requirements to provide safe and reliable service as well as all other state and federal regulatory
76	76	45requirements;
77	77	46 (iii) Sufficient in-house staffing levels, in each relevant job classification and department
78	78	47to ensure the safety and reliability of the gas company’s gas service through the effective time
79	79	48period for which the performance-based rates have been sought and taking into account the gas
80	80	49company’s projected schedule for adopting non-pipeline and other renewable energy alternatives
81	81	50to natural gas and its obligations to maintain safe and reliable gas service to existing customers;
82	82	51 (iv) Training and workforce development plans providing for gas company workforce
83	83	52needs on residual natural gas as well as non-pipeline alternatives and other renewable energy
84	84	53sources through the effective time period for which the performance-based rates have been
85	85	54sought, including but not limited to, the generation and distribution infrastructure utilized to
86	86	55replace and/or complement natural gas, whether by the gas company, its parent or subsidiary or 4 of 28
87	87	56related corporation, a joint venture, or another company regulated by the department with
88	88	57electric or other non-pipeline alternative or renewable energy service territory overlap with the
89	89	58gas company;
90	90	59 (v) Any and all mitigation measures proposed or implemented to address the impacts of
91	91	60transition on the gas company’s workforce over the course of the time period in which the
92	92	61performance-based rates remain in effect, including but not limited to, cross-training and hiring
93	93	62preferences at dual-fuel companies and joint ventures with non-pipeline alternative energy and/or
94	94	63other renewable energy generators and distributors, early retirement incentives, and education
95	95	64stipends for retraining;
96	96	65 (vi) Any collective bargaining or other agreements reached with labor unions
97	97	66representing the gas company’s in-house workforce and/or representing the workforce of outside
98	98	67contractors to ensure a just workforce transition over the duration of the proposed performance-
99	99	68based rates or until a full transition to net zero emissions is achieved;
100	100	69 (vii) In the event of the gas company’s anticipated substantial, partial, or complete
101	101	70cessation of gas operations in Massachusetts during the period in which performance-based
102	102	71review is effective, the company must report the following to the department:
103	103	72 (a) Means by which the gas company, and/or its parent corporation, intends to avoid
104	104	73burdening the commonwealth, ratepayers, or taxpayers with the social welfare costs resulting
105	105	74from such cessation;
106	106	75 (b) Measures to ensure the solvency of the gas company pension system during and after
107	107	76transition; 5 of 28
108	108	77 (c) Measures to stem the displacement of gas company employees unemployed as a result
109	109	78of transition from the Massachusetts energy sector; and
110	110	79 (d) Any agreements developed with labor unions representing the gas company’s in-
111	111	80house workforce and/or representing the workforce of outside contractors to ensure a just
112	112	81workforce transition over the duration of the proposed performance-based rates.
113	113	82 This subsection shall apply to any distribution, transmission, and gas company organized
114	114	83and doing business in the commonwealth pursuant to the provisions of chapter 164, including
115	115	84any successor company engaged in dual-fuels, joint ventures with renewable energy generators
116	116	85or distributors, or alternative energy companies.
117	117	86 Nothing in this subsection shall prohibit or supplant the local distribution company’s
118	118	87collective bargaining obligations relative to the National Labor Relations Act.
119	119	88 SECTION 3. Section 145 of Chapter 164 of the General Laws is hereby amended by
120	120	89inserting in subsection (b), as appearing in the 2022 Official Edition, the following paragraph:-
121	121	90 This plan shall include, but not be limited to, provisions to ensure the gas company trains
122	122	91a sufficiently skilled workforce to repair and maintain the safety and reliability of its pipeline for
123	123	92the duration of its useful life, until and including its retirement or re-purposing for non-pipeline
124	124	93alternatives or other renewable energy use.
125	125	94 SECTION 4. Section 145 of Chapter 164 of the General Laws is hereby amended by
126	126	95inserting in subsection (c), as appearing in the 2022 Official Edition, the following words:-
127	127	96 ; and (vii) how the gas company intends to utilize its in-house workforce and outside
128	128	97contractor crews, respectively, to perform construction; (viii) all oversight and quality assurance 6 of 28
129	129	98measures implemented by the gas company on construction during the course of the plan; (ix) all
130	130	99funds to be expended on training for its in-house workforce and contractors on the construction
131	131	100and maintenance of its pipeline; (x) any plans for the utilization of the pipeline to satisfy the
132	132	101commonwealth’s net zero emissions goals, including but not limited to, the exploration of
133	133	102renewable natural gas and hydrogen, and aggregated data reflecting the projected impact of the
134	134	103plans on the commonwealth’s net zero emissions goals.
135	135	104 SECTION 5. Chapter 164 of the General Laws is hereby amended by adding the
136	136	105following section:-
137	137	106 Section 149. Department program to ensure a just transition.
138	138	107 (a) Definitions. For the purposes of this section, the following definitions shall apply:
139	139	108 “Gas company” or “employer”, any local distribution company regulated under section 3
140	140	109of chapter 164 and distributing natural gas to ratepayers.
141	141	110 “Dual-fuel company”, a company that distributes natural gas and one or more other forms
142	142	111of energy to commercial, governmental, and/or residential ratepayers.
143	143	112 “Alternative energy company”, a company that generates or distributes forms of energy
144	144	113whose production and use results in the production of lower carbon emissions than conventional
145	145	114natural gas or electric energy.
146	146	115 “Commonwealth”, the Commonwealth of Massachusetts and/or its departments, offices,
147	147	116agencies, political subdivisions, and quasi-public agencies, including, but not limited to, quasi-
148	148	117public agencies subject to chapter 150A as appearing in chapter 760 of the acts of 1962, and any 7 of 28
149	149	118quasi-public independent entity and any authority or body politic and corporation established by
150	150	119the general court to serve a public purpose.
151	151	120 (b) Planning for Just Transition of Workforce.
152	152	121 (1) Every gas company shall develop, and periodically amend, a comprehensive plan, as
153	153	122set forth in Section 1E of Chapter 164, as amended by section 1 of this act, to be filed with the
154	154	123Department of Public Utilities for the hire, retention, and training of a sufficient operations and
155	155	124maintenance workforce through 2050, or until the complete retirement of its gas pipeline is
156	156	125achieved, whichever is later, addressing its plans to meet the commonwealth’s net zero emissions
157	157	126goals and its plans to fulfill this chapter’s requirements to provide safe and reliable service as
158	158	127well as all other state and federal regulatory requirements. Such plan shall be amended
159	159	128biennially, beginning July 1, 2026, and shall also be amended when the gas company files with
160	160	129the department requesting performance-based ratemaking.
161	161	130 In addition to provisions set forth by section 1 of this act, each company plan shall also
162	162	131provide projections for any attrition among its in-house workforce and the utilization of outside
163	163	132contractors over both the biennial period and over the course of its transition to net zero
164	164	133emissions or its complete retirement of its gas pipeline, whichever is later.
165	165	134 All dual-fuel companies must additionally provide, as part of their biennial plan,
166	166	135provisions, opportunities, and initiatives to provide training and employment opportunities to
167	167	136workers who may be displaced by the gas company’s compliance with the commonwealth’s net
168	168	137zero emissions goals on the other forms of energy it distributes. This includes, but is not limited
169	169	138to, any agreement reached with labor organizations representing employees at its gas or 8 of 28
170	170	139alternative fuel operations or labor organizations representing employees of its outside
171	171	140contractors.
172	172	141 (2) The department shall, when initiated sua sponte or by motion of the Attorney General,
173	173	142initiate an investigation to determine the sufficiency of the gas company and/or dual-fuel
174	174	143company’s plan with regard to meeting the commonwealth’s net zero emission requirements and
175	175	144chapter 164’s reliability, safety, and staffing requirements. Such plans, and all back-up data upon
176	176	145which the plans are based, shall be subject to disclosure to all intervening stakeholders during the
177	177	146investigation. Upon good cause shown, back-up data may be subject to reasonable protective
178	178	147treatment.
179	179	148 (c) Funding for Training on Alternative Fuels.
180	180	149 The Executive Office of Energy and Environmental Affairs and the Executive Office of
181	181	150Labor and Workforce Development shall, joint and in collaboration, administer programs,
182	182	151provide technical assistance, and develop regulations for a training fund to support the
183	183	152establishment of apprenticeship programs to train gas and dual-fuel company employees on
184	184	153alternative energy generation and distribution and raise the next generation of energy industry
185	185	154workers in the commonwealth.
186	186	155 Grants from the fund may be provided to gas and dual-fuel companies for the
187	187	156development and execution of training their workforces on a competitive basis, based upon a
188	188	157number of factors, including but not limited to, the company’s demonstrated commitment to (1)
189	189	158retaining and repurposing its in-house gas workforce on dual-fuel or alternative energy
190	190	159businesses, and (2) to maintaining high quality, long-term in-house employment opportunities in 9 of 28
191	191	160energy distribution. Labor organizations representing gas company workers and dual-fuel
192	192	161company workers may also apply for funding.
193	193	162 Alternative energy companies, including both generating or distributing companies, may
194	194	163also apply for training grants from this fund to defray the cost of hiring and training workers
195	195	164displaced by the commonwealth’s efforts to meet its net zero emissions goals. To qualify,
196	196	165alternative energy companies must demonstrate that (1) they are developing and executing plans
197	197	166for hiring, training, and retention that include a demonstrated commitment to training and hiring
198	198	167gas company employees and other workers displaced by the commonwealth’s transition to net
199	199	168zero emissions, (2) they have or are in the process of developing robust in-house training
200	200	169programs in the commonwealth on alternative energy, and (3) they are committed to the creation
201	201	170and maintenance of high quality, sustainable employment opportunities for displaced workers.
202	202	171 SECTION 6. Chapter 23 of the General Laws, as appearing in the 2022 Official Edition,
203	203	172is hereby amended by adding following section:-
204	204	173 Section 26. Just Transition to Clean Energy.
205	205	174 (a) Within the Executive Office of Labor and Workforce Development, there shall be a
206	206	175Just Transition Office. The office shall ensure that workers employed in the energy sector who
207	207	176are displaced due to efforts by the commonwealth or the private sector to reduce greenhouse gas
208	208	177emissions or transition from fossil fuels to clean energy have access to employment and training
209	209	178opportunities in clean energy industries and related fields. The office shall also work with clean
210	210	179energy businesses to ensure they act as responsible employers to further the commonwealth’s
211	211	180workforce and economic development goals. The office shall also work to increase access to 10 of 28
212	212	181employment and training opportunities in clean energy industries and related fields for residents
213	213	182of environmental justice communities.
214	214	183 (b) The Secretary of Labor and Workforce Development shall appoint the director of the
215	215	184office.
216	216	185 (c) There shall be a Just Transition Advisory Committee consisting of: (i) the director of
217	217	186the just transition office; (ii) the secretary of labor and workforce development, or their designee;
218	218	187(iii) the commissioner of the department of energy resources, or their designee; (iv) the secretary
219	219	188of the executive office of energy and environmental affairs, or their designee; (v) a representative
220	220	189of employers in the gas utility sector appointed by the governor; (vi) a representative of
221	221	190employers in the electric power generation sector appointed by the governor; (vii) a
222	222	191representative of employers in the renewable electricity sector appointed by the governor; (viii) a
223	223	192representative of employers in the energy efficiency sector appointed by the governor; (ix) a
224	224	193representative of employers in the clean transportation sector appointed by the governor; (x) a
225	225	194representative of employers in the clean heating sector appointed by the governor; (xi) a
226	226	195representative of employees in the gas utility sector appointed by the president of the
227	227	196Massachusetts AFL-CIO; (xii) a representative of employees in the electric power generation
228	228	197sector appointed by the president of the Massachusetts AFL-CIO; (xiii) two representatives of
229	229	198employees in the clean energy sector appointed by the president of the Massachusetts AFL-CIO;
230	230	199(xiv) a representative of employees in the transportation sector appointed by the president of the
231	231	200Massachusetts AFL-CIO; (xv) the president of the Massachusetts Building Trades Council, or
232	232	201their designee; and (xvi) two representatives of environmental justice communities appointed by
233	233	202the secretary of the executive office of energy and environmental affairs. 11 of 28
234	234	203 (d) The committee shall be tasked with developing a just transition plan for the energy
235	235	204sector that identifies workers currently employed in the sector by industry, trade, and job
236	236	205classifications, and contains relevant information including, but not limited to, current wage and
237	237	206benefit packages and current licensing, certification, and training requirements. The committee,
238	238	207through the just transition plan, shall recommend education and training programs to enhance re-
239	239	208employment opportunities within the energy sector, and services to support dislocated workers
240	240	209displaced from jobs within the energy sector as a result of emissions-reducing policies and
241	241	210advancements in clean energy technology. The just transition plan shall also recommend actions
242	242	211to increase opportunities for residents of environmental justice communities to work in clean
243	243	212energy industries.
244	244	213 (e) The just transition plan shall include provisions to:
245	245	214 (i) educate dislocated workers, in collaboration with employers of dislocated workers and
246	246	215relevant labor unions, on re-employment or training opportunities;
247	247	216 (ii) provide training, cross-training, and re-training to workers displaced by gas
248	248	217infrastructure loss in the commonwealth’s local distribution companies and related businesses:
249	249	218 (iii) address the workforce development challenges of the fossil fuel energy sector’s
250	250	219shrinking workforce over the course of the commonwealth’s transition to a clean energy
251	251	220economy;
252	252	221 (iv) incentivize the hiring of displaced energy sector workers with utilities, clean energy
253	253	222industries, and related industries; 12 of 28
254	254	223 (v) collaborate with the Massachusetts Clean Energy Center to ensure that training and
255	255	224employment opportunities for displaced energy sector workers are included in their initiatives,
256	256	225incentives, funding opportunities, and projects;
257	257	226 (vi) collaborate with the department of public utilities and other agencies regulating the
258	258	227energy sector within the commonwealth to coordinate just transition initiatives, complementing
259	259	228the other regulatory priorities of those agencies;
260	260	229 (vii) evaluate options for the establishment of a fund to implement the just transition plan
261	261	230and its components, including potential sources for sustainable short-term and long-term
262	262	231funding;
263	263	232 (viii) develop requirements, including the submission of a workforce transition plan, for
264	264	233energy sector employers that are closing a facility or significantly reducing their workforces as a
265	265	234result of efforts by the commonwealth or the private sector to reduce greenhouse gas emissions
266	266	235or transition from fossil fuels to clean energy;
267	267	236 (ix) identify employers in the energy sector involved or likely to be involved in
268	268	237transitional steps away from fossil fuels and establish requirements and procedures for
269	269	238submissions of employee counts and classifications to the office; and
270	270	239 (x) increase access to employment and training opportunities in clean energy industries
271	271	240and related fields for residents of environmental justice communities.
272	272	241 (f) Employers described in paragraph (ix) of subsection (e) shall submit a workforce
273	273	242transition plan to the office. Workforce transition plans be subject to section 10 of chapter 66 of
274	274	243the General Laws and shall include: 13 of 28
275	275	244 (i) the reasons for the workforce reduction or facility closure;
276	276	245 (ii) the total number of workers by job classification and by geographic assignment
277	277	246employed by the employer;
278	278	247 (iii) the total number of workers whose existing jobs who will be retained, by job
279	279	248classification and geographic location;
280	280	249 (iv) the total number of workers whose existing jobs are being eliminated by the
281	281	250workforce reduction or the closure of a facility, by job classification and geographic location;
282	282	251 (v) whether each classification of workers whose jobs are being eliminated will be
283	283	252offered employment in any other job classification or capacity by the employer; how many
284	284	253employees in each classification will be offered employment; and whether the replacement
285	285	254employment offered will provide comparable wages, benefits, and working conditions;
286	286	255 (vi) whether the employer is offering severance or early retirement benefits to impacted
287	287	256workers; the value of the severance or early retirement benefits; whether the severance or early
288	288	257retirement benefits are being provided to all or certain classes of workers and how many
289	289	258impacted workers intend to utilize these offerings;
290	290	259 (vii) whether the employer plans to transfer the work to a separate facility, enter a
291	291	260contracting agreement for work previously performed by company employees, or otherwise
292	292	261outsource work previously performed by company employees; and
293	293	262 (viii) whether the employer is a recipient of loans, grants, tax increment financing, or any
294	294	263other financial incentive from the commonwealth, its independent state agencies, departments, or
295	295	264corporations, or any municipality within the last five years. 14 of 28
296	296	265 SECTION 7. Chapter 25A of the General Laws, as appearing in the 2022 Official
297	297	266Edition, is hereby amended by adding the following section:
298	298	267 Section 18A. Clean Energy Workforce Standards and Accountability Act
299	299	268 (a) For the purposes of this section, the following words shall, unless the context clearly
300	300	269requires otherwise, have the following meanings:
301	301	270 “Applicant”, (1) any natural person or business, whether or not incorporated or
302	302	271unincorporated, who seeks a contract to provide labor or services under this chapter, and
303	303	272employs another to work in the commonwealth, or contracts with another natural person or
304	304	273business to do so to perform labor, services, or otherwise assist in the completion of project,
305	305	274under a contract, grant, subsidy, or any other arrangement funded in part or in the whole by the
306	306	275commonwealth, or its departments, offices, agencies, subdivisions, and quasi-public agencies,
307	307	276including, but not limited to public authorities, subject to said chapter 150A by chapter 760 of
308	308	277the acts of 1962; and (2) any public utilities that are regulated under chapter 164. This definition
309	309	278excludes: (1) the United States or a corporation wholly owned by the government of the United
310	310	279States; and (2) a public utility, but only when employing workers directly to perform
311	311	280construction and maintenance and other operational duties on its utility infrastructure and
312	312	281building.
313	313	282 “Commonwealth”, the commonwealth and its departments, offices, agencies, political
314	314	283subdivisions, and quasi-public agencies, including but not limited to quasi-public agencies
315	315	284subject to chapter 150A by chapter 760 of the acts of 1962 and any quasi-public independent
316	316	285entity and any authority or corporation established by the general court to serve a public purpose. 15 of 28
317	317	286 “Energy infrastructure”, refers to but is not limited to Massachusetts’ existing energy
318	318	287industry infrastructure generating, transmitting, and distributing energy from fossil fuels sources,
319	319	288building energy efficiency improvements, and renewable energy infrastructure.
320	320	289 “Environmental justice population”, shall have the same meaning as defined in section 62
321	321	290of chapter 30.
322	322	291 “Labor peace agreement”, an agreement between an employer and labor organization
323	323	292that, at a minimum, protects the commonwealth’s proprietary interests by prohibiting the labor
324	324	293organization and its members from engaging in picketing, work stoppages, boycotts, strikes, and
325	325	294any other economic interference with the employer’s business operations for the duration of the
326	326	295agreement.
327	327	296 “Municipality at high risk for the effects of climate change”, a municipality that can
328	328	297demonstrate to the department current or future significant changes to its population, land use, or
329	329	298local economy resulting from changes in climate.
330	330	299 “Project”, initiatives of the commonwealth and its departments, offices, agencies, and
331	331	300subdivisions, and quasi-public agencies, including, but not limited to public authorities, subject
332	332	301to chapter 150A by chapter 760 of the acts of 1962, modernizing and expanding the capacity of
333	333	302its existing energy infrastructure, providing climate change remediation, and/or developing
334	334	303renewable energy generation, transmission and distribution, in furtherance of meeting the
335	335	304commonwealth’s net zero emissions goals.
336	336	305 “Public utilities”, utilities that are regulated under chapter 164. 16 of 28
337	337	306 “Supply chain facilities”, refers to but is not limited to businesses that perform material
338	338	307extraction, refining, processing, fabrication, manufacturing, and assembly of components for
339	339	308renewable energy projects.
340	340	309 (b) Every request for proposal, grant application, or solicitation offering funding from the
341	341	310commonwealth or other public entity enumerated above for the purpose of furthering the
342	342	311commonwealth’s net zero emissions goals in any manner for all commercial projects and
343	343	312residential projects in excess of three units, shall be performed in conformance with sections 26
344	344	313to 27D, inclusive, of chapter 149, and shall include the certification and disclosure requirements
345	345	314included in this section.
346	346	315 (c) To be awarded funding or contracts by the commonwealth, applicants shall provide
347	347	316complete and accurate responses and disclosures that include:
348	348	317 (i) documentation reflecting the applicant’s demonstrated commitment to workforce
349	349	318development within the commonwealth;
350	350	319 (ii) a statement of intent concerning efforts that it and its contractors and subcontractors
351	351	320on this project will take to promote workforce development on the project if successful;
352	352	321 (iii) documentation reflecting the applicant’s demonstrated commitment to economic
353	353	322development within the commonwealth;
354	354	323 (iv) a statement of intent concerning efforts that it and its contractors and subcontractors
355	355	324on this project will take to promote economic development on the project if successful;
356	356	325 (v) documentation reflecting the applicant’s demonstrated commitment to expand
357	357	326workforce diversity, equity, and inclusion in its past projects within the commonwealth; 17 of 28
358	358	327 (vi) a statement of intent concerning efforts that it and its contractors and subcontractors
359	359	328on this project will take to expand workforce diversity, equity and inclusion on the project if
360	360	329successful;
361	361	330 (vii) a disclosure on whether it and each of its contractors and subcontractors on this
362	362	331project have previously contracted with a labor organization in the commonwealth or elsewhere,
363	363	332as defined by chapter 150A or the National Labor Relations Act;
364	364	333 (viii) a statement of whether it and each of its contractors and subcontractors on this
365	365	334project participates in a state or federally certified apprenticeship program and the number of
366	366	335apprentices the apprenticeship program has trained to completion for each of the last five (5)
367	367	336years;
368	368	337 (ix) a statement of intent concerning the extent to which the applicant, its contractors, and
369	369	338subcontractors on this project intend to utilize apprentices on the project if successful;
370	370	339 (x) certification that the applicant and its contractors and subcontractors on this project
371	371	340have complied with chapters 149, 151, 151A, 151B and 152 of the General Laws and 29 U.S.C.
372	372	341section 201, et seq. and federal anti-discrimination laws for the last three (3) calendar years;
373	373	342 (xi) certification that the applicant and its contractors and subcontractors on this project
374	374	343are currently, and will remain, in compliance with chapters 149, 151, 151A, 151B and 152 of the
375	375	344General Laws and 29 U.S.C. section 201, et seq. and federal anti-discrimination laws for the
376	376	345duration of this project;
377	377	346 (xii) detailed plans for assuring labor harmony during all phases of the construction,
378	378	347reconstruction, renovation, development and operation of the project. 18 of 28
379	379	348 To the extent the applicant, or one of its contractors or subcontractors on the project,
380	380	349cannot meet the certification requirements provided for in clauses (x) and (xi), the applicant must
381	381	350submit proof of a wage bond or other comparable form of insurance in an amount equal to the
382	382	351aggregate of one year’s gross wages for all workers projected to be employed by the applicant,
383	383	352contractor, or subcontractor for which certification is unavailable, to be maintained for the life of
384	384	353the project.
385	385	354 (d) Every request for proposals, solicitation, or advertisement for funding issued by the
386	386	355commonwealth under this chapter shall notify applicants that they will be disqualified from this
387	387	356project if they have been debarred by the federal government or commonwealth for the entire
388	388	357term of debarment.
389	389	358 (e) All applicants shall provide in a timely manner the above documentation and
390	390	359certifications as part of their initial application. Failure to provide said documentation and
391	391	360certifications shall disqualify the applicant from receiving funding for the project on which the
392	392	361funding has been requested.
393	393	362 (f) A successful applicant’s good faith failure to provide complete accurate certifications
394	394	363and documentation under subsection (a) of this section shall result in suspension from the project
395	395	364for a period of 30 days, to provide an opportunity for the applicant to address application
396	396	365deficiencies to the satisfaction of the commonwealth. Failure to cure deficiencies, thereafter,
397	397	366shall result in termination. A successful applicant’s willful failure to provide accurate
398	398	367certifications and documentation shall result in permanent termination from the project and the
399	399	368return of all funds awarded therefore within 30 days. 19 of 28
400	400	369 (g) The attorney general shall enforce the provisions contained herein and may enact
401	401	370regulations consistent therewith.
402	402	371 (h) Where the Commonwealth of Massachusetts or any political subdivision thereof
403	403	372proffers land within its control (by lease or ownership) and sub-leases or conveys such land to an
404	404	373end user, developer, or operator public lands for the construction, operation, and/or maintenance
405	405	374of a manufacturing, marshalling, or staging facility within the commonwealth that will provide
406	406	375goods and services for renewable energy generation, distribution, transmission, and
407	407	376infrastructure, those leases/conveyances shall be conditioned upon the lessee/awardee's
408	408	377agreement to enter into fully executed labor peace agreements with any bona fide labor
409	409	378organization that seeks to represent the lessee/awardee’s employees working on the project, as
410	410	379permitted by federal law.
411	411	380 Likewise, any funding, including grants and loans made by the Commonwealth of
412	412	381Massachusetts, including but not limited to those made through the Massachusetts Clean Energy
413	413	382Center under chapter 23J, to support the construction, operation, and/or maintenance of a supply
414	414	383chain facility within the commonwealth that will provide goods and services to be used in the
415	415	384construction and maintenance of renewable energy generation, distribution, or transmission
416	416	385facility, shall be conditioned upon the recipient’s agreement to enter into a fully executed labor
417	417	386peace agreement with any bona fide labor organization(s) that seeks to represent the recipient’s
418	418	387employees working on the project as their exclusive bargaining representative, as permitted by
419	419	388federal law.
420	420	389 SECTION 8. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition,
421	421	390is hereby amended by adding the following new sections:- 20 of 28
422	422	391 Section 27I. All construction, reconstruction, installation, alteration or repair on natural
423	423	392gas utility infrastructure, including, but not limited to, pipelines, mains, services, and other
424	424	393infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights on
425	425	394way, public works, or buildings and (2) not performed by workers directly employed by public
426	426	395utilities, as defined by chapter 164, shall be performed and procured under this section 149.
427	427	396 No public authority, including, but not limited to, the commonwealth, its subdivisions, a
428	428	397county, or a municipality, shall permit or agree to pipeline construction, reconstruction,
429	429	398installation, alteration or repair work by a gas distribution company requiring the excavation,
430	430	399alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement
431	431	400contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
432	432	401be paid to individuals performing pipeline construction who are not gas company employees.
433	433	402 Any such approval which does not contain said stipulation shall be invalid, and no
434	434	403construction may commence thereunder. Said rates of wages shall be requested of said
435	435	404commissioner by said public official or public body together with the gas local distribution
436	436	405company on whose service territory the public infrastructure lies, and shall be furnished by the
437	437	406commissioner in a schedule containing the classification of jobs, and the rate of wages to be paid
438	438	407for each job. Said rates of wages shall include payments to health and welfare plans, or, if no
439	439	408such plan is in effect between employers and employees, the amount of such payments shall be
440	440	409made every six months.
441	441	410 Whoever pays less than said rates of wages, including payments to health and welfare
442	442	411funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the
443	443	412use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said 21 of 28
444	444	413wages or health and welfare funds, shall have violated this section and shall be punished or shall
445	445	414be subject to a civil citation or order as provided in section 27C.
446	446	415 An employee claiming to be aggrieved by a violation of this section may, 90 days after
447	447	416the filing of a complaint with the attorney general, or sooner if the attorney general assents in
448	448	417writing, and within 3 years after the violation, institute and prosecute in his own name and on his
449	449	418own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
450	450	419any damages incurred, and for any lost wages and other benefits pursuant to section 150 of
451	451	420chapter 149. An employee so aggrieved who prevails in such an action shall be awarded treble
452	452	421damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded
453	453	422the costs of the litigation and reasonable attorneys’ fees.
454	454	423 Section 27J. All construction, reconstruction, installation, alteration or repair on electrical
455	455	424utility infrastructure: (1) requiring the excavation, construction, reconstruction of public lands,
456	456	425rights of way, public works, or buildings and (2) not performed by workers directly employed by
457	457	426Public Utilities, as defined by chapter 164, shall be performed and procured under this section of
458	458	427chapter 149.
459	459	428 No public authority, including, but not limited to, the commonwealth, its subdivisions, a
460	460	429county, or a municipality, shall permit or agree to construction, reconstruction, installation,
461	461	430alteration or repair work by an electric distribution company requiring the excavation,
462	462	431alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement
463	463	432contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
464	464	433be paid to individuals performing pipeline construction who are not gas company employees.
465	465	434Any such approval which does not contain said stipulation shall be invalid, and no construction 22 of 28
466	466	435may commence thereunder. Said rates of wages shall be requested of said commissioner by said
467	467	436public commissioner or public body together with the electric company on whose service
468	468	437territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule
469	469	438containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of
470	470	439wages shall include payments to health and welfare plans, or, if no such plan is in effect between
471	471	440employers and employees, the amount of such payments shall be paid directly to employees.
472	472	441Such requests for rates shall be made every six (6) months.
473	473	442 Whoever pays less than said rates of wages, including payments to health and welfare
474	474	443funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the
475	475	444use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said
476	476	445wages or health and welfare funds, shall have violated this section and shall be punished or shall
477	477	446be subject to a civil citation or order as provided in section 27C.
478	478	447 An employee claiming to be aggrieved by a violation of this section may, 90 days after
479	479	448the filing of a complaint with the attorney general, or sooner if the attorney general assents in
480	480	449writing, and within 3 years after the violation, institute and prosecute in his own name and on his
481	481	450own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
482	482	451any damages incurred, and for any lost wages and other benefits pursuant to section 150 of
483	483	452chapter 149. An employee so aggrieved who prevails in such an action shall be awarded treble
484	484	453damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded
485	485	454the costs of the litigation and reasonable attorneys’ fees.
486	486	455 Section 27K. All construction, reconstruction, installation, alteration or repair on
487	487	456renewable energy generation, distribution, transmission: (1) requiring the excavation, 23 of 28
488	488	457construction, reconstruction of public lands, rights of way, public works, or building and (2) not
489	489	458performed by workers directly employed by public utilities, as defined by chapter 164, shall be
490	490	459performed and procured under this section of chapter 149.
491	491	460 No public authority, including, but not limited to, the commonwealth, its subdivisions, a
492	492	461county, or a municipality, shall permit or agree to construction, reconstruction, installation,
493	493	462alteration or repair work by an electric distribution company requiring the excavation,
494	494	463alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement
495	495	464contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to
496	496	465be paid to individuals performing pipeline construction who are not gas company employees.
497	497	466Any such approval which does not contain said stipulation shall be invalid, and no construction
498	498	467may commence thereunder. Said rates of wages shall be requested of said commissioner by said
499	499	468public commissioner or public body together with the electric company on whose service
500	500	469territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule
501	501	470containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of
502	502	471wages shall include payments to health and welfare plans, or, if no such plan is in effect between
503	503	472employers and employees, the amount of such payments shall be paid directly to employees.
504	504	473Such requests for rates shall be made every six (6) months.
505	505	474 Whoever pays less than said rates of wages, including payments to health and welfare
506	506	475funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the
507	507	476use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said
508	508	477wages or health and welfare funds, shall have violated this section and shall be punished or shall
509	509	478be subject to a civil citation or order as provided in section 27C. 24 of 28
510	510	479 An employee claiming to be aggrieved by a violation of this section may, 90 days after
511	511	480the filing of a complaint with the attorney general, or sooner if the attorney general assents in
512	512	481writing, and within 3 years after the violation, institute and prosecute in his own name and on his
513	513	482own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for
514	514	483any damages incurred, and for any lost wages and other benefits pursuant to section 150 of
515	515	484chapter 149. An employee so aggrieved who prevails in such an action shall be awarded treble
516	516	485damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded
517	517	486the costs of the litigation and reasonable attorneys’ fees.
518	518	487 SECTION 9. Section 2 of chapter 23J of the General Laws, as appearing in the 2022
519	519	488Official Edition, is hereby amended by striking out the number “15” and inserting in place
520	520	489thereof the number:- 19
521	521	490 SECTION 10. Said section 2 of said chapter 23J of the General Laws, as so appearing, is
522	522	491hereby further amended by striking out the words “1 of whom shall be a union representative”, in
523	523	492line 60, and inserting in place thereof the following words:-
524	524	493 “1 of whom shall be a representative of employees in the gas utility sector appointed by
525	525	494the president of the Massachusetts AFL-CIO; 1 of whom shall be a representative of employees
526	526	495in the electric power generation sector appointed by the president of the Massachusetts AFL-
527	527	496CIO; 1 of whom shall be the president of the Massachusetts AFL-CIO, or their designee; 1 of
528	528	497whom shall be the president of the Massachusetts Building Trades Council, or their designee; 1
529	529	498of whom shall be a union representative” 25 of 28
530	530	499 SECTION 11. Paragraph 27 of section 3 of said chapter 23J of the General Laws, as so
531	531	500appearing, is hereby amended by inserting after the words “clean energy industry” the following
532	532	501words:-
533	533	502 including, but not limited to, collaboration with state and federally licensed
534	534	503apprenticeship and pre-apprenticeship programs providing training in the commonwealth;
535	535	504 SECTION 12. Section 12 of chapter 23J of the General Laws, as so appearing, is hereby
536	536	505amended by adding the following new paragraphs:-
537	537	506 The center shall be subject to section 39M of chapter 30 and sections 44A to 44H,
538	538	507inclusive, of chapter 149 and shall comply with requirements applicable to an independent public
539	539	508authority for publication of contract information in the central register established pursuant to
540	540	509section 20A of chapter 9.
541	541	510 With regard to all clean energy and other climate change remediation construction
542	542	511projects funded, owned or leased by the commonwealth, including but not limited to the center,
543	543	512the commonwealth shall require that successful applicants, in collaboration with their contractors
544	544	513and subcontractors:
545	545	514 (i) Meet the workforce participation goals for the utilization of minority and women
546	546	515workers as required by section 44A(1)(G) of chapter 149, provided, however, that such goals
547	547	516shall be equal to or greater than the goals contained in the executive office for administration and
548	548	517finance Administration Bulletin Number 14, and incorporate data collection requirements
549	549	518contained in Administration Bulletin Number 17; 26 of 28
550	550	519 (ii) Participate in state or federally accredited apprenticeship programs that have
551	551	520graduated at least one apprentice in the last five years and utilize apprentices at a percentage set
552	552	521by the commonwealth as part of its current workforce development plan;
553	553	522 (iii) Bid all applicable construction, reconstruction, installation, and alteration work
554	554	523performed on the project under this section consistent with section 39M of chapter 30, section
555	555	52444A of chapter 149, and section 8 of chapter 149A;
556	556	525 (iv) Compensate all construction, reconstruction, installation, and alteration work
557	557	526performed under this section, at a minimum, in accordance with sections 26 to 27D, inclusive, of
558	558	527chapter 149; and
559	559	528 (v) Become signatory to a project labor agreement if such an agreement is selected as the
560	560	529project delivery method for the construction project by the contracting authority.
561	561	530 SECTION 13. Chapter 23J of the General Law, as so appearing, is hereby amended by
562	562	531adding the following section:-
563	563	532 Section 12. Clean Energy Workforce Development Plan
564	564	533 The Massachusetts clean energy technology center, in collaboration with the department
565	565	534of career services, shall develop and implement successive five-year clean energy workforce
566	566	535development plans for the commonwealth that includes outreach and recruitment into the clean
567	567	536energy industry for existing workers in fossil fuel intensive industries, as well as environmental
568	568	537justice populations and individuals living in municipalities at high risk for climate change within
569	569	538the commonwealth. The workforce development plans shall include: 27 of 28
570	570	539 (i) Development of technical assistance, grants, loans, and demonstration projects,
571	571	540facilitating the creation of construction, operations, and maintenance jobs in the clean energy
572	572	541industry;
573	573	542 (ii) Measures to expand training capacity for the clean energy industry, building upon the
574	574	543commonwealth’s existing public and private workforce development facilities, including all state
575	575	544and federally certified apprenticeship programs, licensure, and degree programs;
576	576	545 (iii) Specific goals for the utilization of the residual workforce in fossil fuel intensive
577	577	546industries, as well as environmental justice populations and individuals living in municipalities at
578	578	547high risk for climate change within the commonwealth;
579	579	548 (iv) recommendations, programs, and technical assistance for the clean energy industry to
580	580	549ensure that the industry develops and maintains working terms and conditions for all workers
581	581	550employed therein; and
582	582	551 (v) requirements for minimum working conditions on clean energy projects owned,
583	583	552leased, or financed by the center through the renewable energy trust fund, or otherwise by the
584	584	553commonwealth, its departments, offices, agencies, and quasi-independent agencies.
585	585	554 The center will engage all stakeholders in the planning process, including but not limited
586	586	555to the union representatives of workers in fossil fuel industries and organizations serving
587	587	556environmental justice populations and individuals living in municipalities at high risk for climate
588	588	557change within the commonwealth. The center will coordinate their workforce development
589	589	558planning and research within the executive office of labor and workforce development’s office of
590	590	559just transition. 28 of 28
591	591	560 SECTION 14. This act shall take effect on January 1, 2026.